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TODAY'S TOP DEVELOPMENTS |
Monday, August 18, 2014 |
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Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.
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Commercial General Liability
Insurers Need Not Defend Redbox in Privacy Cases, Court Rules
A federal district court in Washington has ruled that an insurance company did not have to defend an insured in lawsuits asserting violations of Michigan's Video Rental Privacy Act or California's Song-Beverly Credit Card Act. Read More
Subrogation
The Case of the Missing Packages: Third Circuit Rules that Insurers' Subrogation Claims Were Preempted by the Carmack Amendment
The U.S. Court of Appeals for the Third Circuit has ruled that the federal Carmack Amendment preempts all state law claims brought by insurance companies seeking compensation for the loss of or damage to their insured's goods shipped by a ground carrier in interstate commerce. It also found that the "true conversion" exception is an exception to the liability limiting features of the Carmack Amendment, not an exception to its preemptive scope. Read More
Automobile Insurance
How One Statement in an Examination Before Trial Doomed a Health Care Provider's Claim, as Assignee, Against a No-Fault Insurer
An appellate court in New York has reversed a trial court's decision in favor of a health care provider that sued a no-fault insurance carrier to recover benefits that had been assigned to it – all because of a single statement the assignor had made in an examination before trial. Read More
Workers Compensation
Sole Proprietor's Waiver of Workers' Comp Coverage for Himself, After Purchasing Coverage for His Business, Was "Knowing and Voluntary," Court Rules
A Kentucky court has upheld a decision by the Kentucky Workers' Compensation Board, affirming an administrative law judge's ruling, that a sole proprietor had knowingly and voluntarily waived workers' compensation coverage for himself after he purchased and paid for coverage for his business. Read More |
View All Case Law Developments |
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International
Eight Caribbean Governments Insure Against Excess Rainfall
Eight members of the Caribbean Catastrophe Risk Insurance Facility – a not-for-profit risk pooling facility that is owned, operated, and registered in the Caribbean for Caribbean governments – have become the first countries to purchase excess rainfall insurance coverage for the 2014/2015 policy year. Read More
Health Insurance
New York City to Pay Over $1 Million to Resolve Medicaid False Claims Act Suit
New York City has agreed to pay the federal government $1.05 million to settle allegations that the New York City Human Resources Administration violated the federal False Claims Act by causing various insurance companies to provide health care coverage to individuals that it knew, or should have known, were ineligible to receive Medicaid benefits through New York State's Medicaid program. Read More
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View All Legislative/Regulatory Developments |
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Insurance Lawyers Reidy, Serafin, McGaughey, Saka, and Alvarez Join Lowenstein Sandler from Dickstein Shapiro Read More |
Philadelphia Insurance Companies Names Attorney Jane North Senior Vice President of Claims Read More |
Prudential Retirement Completes Fourth Reinsurance Transaction with Rothesay Life Read More |
Endurance Adds D&O Insurance Coverage to Network Security and Privacy Offering Read More |
WellPoint to Change Name to Anthem, Inc. Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire August Insurance Coverage Law Report |
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View Insurance Coverage Law Report Archives |
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FC&S Legal Editorial Advisory Board |
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Schuyler, Roche & Crisham, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Chadbourne & Parke LLP
Michele L. Jacobson, Stroock & Stroock & Lavan LLP
Timothy P. Law, Reed Smith LLP
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC |
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Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company |
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FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@SummitProNets.com.
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FC&S Legal: The Insurance Coverage Law Information Center |
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